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TMI Blog2018 (4) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of Appellant to issue notice under sub-section (1) of Section 8 of the ‘I&B Code’ to the ‘Corporate Debtor’, and to file an application under Section 9 of the ‘I&B Code’, if there is a debt and default by the ‘Corporate Debtor’. In such case, the Adjudicating Authority may decide the application uninfluenced by the impugned Order dated 26th July, 2017 and the judgment passed by this Appellate Tribunal. The appeal is dismissed with aforesaid observation. However, in the facts and circumstances of the case, there shall be no order as to cost. X X X X Extracts X X X X X X X X Extracts X X X X ..... s: "5. Transfer of pending proceedings of Winding up on the ground of inability to pay debts.- (1) All petitions relating to winding up under clause (e) of section 433 of the Act on the ground of inability to pay its debts pending before a High Court, and where the petition has not been served on the respondent as required under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal established under sub-section (4) of section 419 of the Act, exercising territorial jurisdiction and such petitions shall be treated as applications under sections 7, 8 or 9 of the Code, as the case may be, and dealt with in accordance with Part II of the Code: Provided that the petitioner shall submit all information ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating Authority dismissed the application. 6. Similar issue fell for consideration before this Appellate Tribunal in "M/s. Sabari Inn Pvt. Ltd. Vs. M/s. Rameesh Associates Pvt. Ltd.─ Company Appeal (AT) (Insolvency) No. 117 of 2017", wherein this Appellate Tribunal by its judgment dated 17th November, 2017 held as follows:- "11. From the aforesaid Rule 5, it is clear after transfer of the case the Applicant (Respondent herein) was required to submit all information, other than in formation forming part of the records transferred from the High Court, for admission of the petition under Sections 7, 8 or 9 of the 'I&B Code', including details of the proposed 'Insolvency Professional' within sixty days, failing which, the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urs sincerely, Signature of person authorised to act on behalf of the operational creditor Name in block letters Position with or in relation to the operational creditor Address of person signing 16. Form-5 is the format for filing application under section 9, as per which the following details are to be provided: - "Part I- particulars of applicant Part II- particulars of corporate debtor Part III- particulars of the proposed interim resolution professional (if proposed) Part IV- particulars of operational debt Part V- particulars of operational debt [documents, records and evidence of default] As per the instructions, the following documents are required to be attached: Annex I Copy of the invoice/demand notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ." 7. Learned counsel appearing on behalf of the Appellant placed reliance on Hon'ble Supreme Court decision in " L. Chandra Kumar Etc. Etc. Vs. The Union of India and Ors. Etc. Etc. (1997) 2 S.C.R 1186" and submitted that the Hon'ble High Court has given certain findings which is binding on the Tribunal. In the present case, we do not feel necessity to deal with such arguments based on judgment in "L. Chandra Kumar Etc. Etc. (Supra)" as the application being incomplete in more than one aspect and the Appellant having not completed the same within the time frame as stipulated by Rule 5, the application preferred by Appellant stood abated. 8. For the reasons aforesaid, we are not inclined to interfere with the impugned order dated 26th Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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